TET-qualified petitioner sought mandamus to permit participation in teacher recruitment under G.O.Ms.No.181 (2011) without the additional competitive examination introduced by G.O.Ms.No.149 (2018). The court held the policy decision was neither arbitrary nor irrational and dismissed the petition, declining judicial interference.
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W.P.(MD).No.1223 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.1223 of 2024
Kalpana ... Petitioner
Vs.
1.The Director, Teacher Recruitment Board, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd and 4th Floors, DPI Campus, College Road, Chennai.
2.The Director, School Education Department, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd and 4th Floors, DPI Campus, College Road, Chennai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to
W.P.(MD).No.1223 of 2024
adopt the procedure of G.O.Ms.No.181 School Education (C2) Department dated 15.11.2011 and permit the petitioner to participate in the forthcoming recruitment process without insisting to undergo competitive examination contemplated under G.O.Ms.No.149 School Education (C2) Department dated 20.07.2018, by considering petitioner's representation dated 20.11.2023.
For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.N.Ramesh Arumugam, Government Advocate (CIVIL)
ORDER
The present writ petition has been filed seeking direction to the respondents to adopt the procedure of G.O.Ms.No.181 School Education (C2) Department dated 15.11.2011 and permit the petitioner to participate in the forthcoming recruitment process without insisting to undergo competitive examination contemplated under G.O.Ms.No.149 School Education (C2) Department dated 20.07.2018, by considering the petitioner's representation dated 20.11.2023.
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The Government vide G.O.Ms.No.181 dated 15.11.2011 issued by the School Education (C2) Department, mandated every aspirant of teaching profession to pass the Teacher Eligibility Test (TET). The petitioner appeared for TET that was conducted in August 2013 and passed the examination with qualifying marks. Thereafter, some persons who cleared the examinations were selected by the Teacher Recruitment Board / 1st respondent depending on the selection criteria in the available vacancies and were appointed as teachers in Government Schools. During the year 2013, the minimum cut off mark fixed by the 1st respondent was 65.41. Since the petitioner had secured only 59.5, she did not come under the zone of consideration. Thereafter, the G.O.Ms.No.149 dated 20.07.2018 came to be issued by the School Education Department. However, vide said G.O.Ms.No.149 another competitive examination came to be introduced among the candidates who have already cleared TET recruitment process. Hence, the petitioner made a representation dated 20.11.2023 to the respondents to adopt the procedure of G.O.Ms.No.181 dated 15.11.2011 for the petitioner's recruitment that is prior to the G.O.Ms.No.149 dated 20.07.2018
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and allow the petitioner to participate in the forthcoming recruitment process. Since the same was not considered, the present writ petition came to be filed.
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149 School Education (C2) Department dated 20.07.2018 came to be introduced, by which another qualifying exam among the candidates who have already cleared TET recruitment process is introduced and hence, the claim of the petitioner cannot be considered. He further contended that it is the policy decision of the Government for having introduced the said G.O.Ms.No.149, School Education (C2) Department dated 20.07.2018 to allow only those candidates who have already passed in the Teacher Eligibility Test to participate in the competitive examination as contemplated under the said G.O. Hence, the same cannot be interferred and he pressed for dismissal of the writ petition.
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are found to be grossly arbitrary or irrational. In the the instant lis, the State Government has introduced a qualifying examination among TET qualified candidates for recruitment of teachers, for the betterment of School Education, by selecting more meritorions candidates. This Court cannot usurp the jurisdiction of decision makers in the garb of judicial review.
6. In view of the same, this Court is of the considered view that the
policy of the Government could not be interferred with. Accordingly, I hereby dismiss the writ petition. No costs.
19.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes Sml
W.P.(MD).No.1223 of 2024
To
W.P.(MD).No.1223 of 2024
L.VICTORIA GOWRI, J.
Sml
W.P.(MD).No.1223 of 2024
19.02.2024
1 issue framed by the court
Whether a TET-qualified candidate could be directed to be recruited under the pre-2018 procedure without undergoing the competitive examination introduced by G.O.Ms.No.149 dated 20.07.2018.
1 provisions across 1 enactments
Kalpana
The Director, Teacher Recruitment Board
The Director, School Education Department
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
